The Sun. — London, England, 1838-01-27 00:00:00

IMPORTANT NEWS FROM UPPER CANADA. ATTACK OF SIR FRANCIS BOND HEAD ON NAVY ISLAND. (From the Rochester Democrat.) Governor Head is said to have passed up the river on the 26th (Tuesday evening), to attack Navy Island, and on Wed nesday night a heavy canonnading was heard in that direction at half-past eight o'clock, and continued for two hours, during which our informant believed two hundred guns were fired. Another gentleman who left Lockport yesterday, states that it was reported that Sir F. Head had attempted to land, but without success, and had one boat full of troops sunk in the attempt.. The insurgents are said to he increasing in this depot, and have obtained more cannon, built furnaces for heat ing red-hot shot, and are prepared to lay the village of Chippewa in ashes if any further attack is made upon them. Governor Head had previously sent an official message to Governor illarq, with a requisition to deliver up the person ` Ol. W. L. Mackenzie, charged with felony in robbing the mail , D. Bethune, Esq., was the bearer of the message, and arrived at Albany on Friday evening, and left on Sunday morning with the Governor's refusal, on the grounds that the charge was one ari s i ng ou t o f th e hi g her offence of treason, which was , an exception to those laws by which fugitives can be surrendered 1 1 the Executive, and further that Navy Island, where .Mac kenzie was supposed to be, is nut in his jurisdiction. (From the New York Mercantile Advertiser of Dec. 29.) THE REVOLUTION IN CANADA. The Patriots on Navy Island are increasing in number, adding daily to the munitions and defences, which are sup plied by vo l un t ary su b scr ipti on s from either side of the river. At Kingst o n the p a pers speak of the rebellion as having been crushed, and are exceedingly violent and abusive towards the American Government and people. At Prescott numerous arrests have been made, of persons too, who had committed no overt acts, but were heard to ex press Liberal opinions. In the Lower Provinces the Royalists begin to show mercy. Of the thirty-two prisoners brought to Montreal by Colonel Wetherell, from St. Dennis, twenty have been dis charged ; 'and of the 112 prisoners brought to that place from St. Eustache by Sir John Colborne, seventy-three have been released. Th e prisons, howev er , ar e still go rge d w ith victims, and the Royal papers talk of trials and punishments for high treason. The Montreal Courier of the 21st inst. says that there has not, to that day, " been a single prisoner either condemned or executed by martial law or any other law." Garrow, the U. S. Marshal, has gone to the Niagara frontier, for the purpose of seeing that the laws of neutrality are not violated. (Correspondence of the Albany Evening Journal ) " Rochester, Dec. 23, 1837. " I know that you want to hear what has been and is now doing for freedom in Canada. I have only time for a few words. Dr. Rolph is here, but keeps pretty quiet. The greatest excitement pervades all classes, and nothing is heard but what is the best means for furnishing arms, provisions, tke., for Navy Island. Five hundred muskets and several pieces of cannon have been taken from the arsenal at Batavia. Forty men, with a field-piece and sixty muskets left this place the night before last and forty more are to start this evening. (From the Rochester Democrat, Dee. 23. ) The following letter from our attentive Lewiston Corre spondent is very interesting, and all we have to add from the west : LEWISTON, DEC. 30.—Rumour was current yesterday that Sir F. B. Head forwarded commands to the troops at Chip pama and Fort Erie to attack the rebels on Navy Island forth with. Letters from Niagara Falls last 'evenieg state that 35 had passed over to INT‘Kenzie during the day. Sir Francis ar rived at Queenstown last evening, and issued an order of ne e.reat regnum by closing the ferry. -We understaad that much surprise was expressed by the Governor that his loyal subjects at Queenstown did not pass over and apprehend M'Kenzie vi ivum vei mortum, who was reported to have been at this place a few hours yesterday morning. He (Sir F.. 11.) started early this morning for Chip- Pa.vva. We have just conversed with a Gentleman who came in the car this afternoon from the Falls. He says that the nnmber who have passed over to-day is GO, and he siw forty in a body embark. LATER-9 o'clock.--A gentleman, direct from th e i s l an d this evening, confirms what we have heard this afternoon. He also says that the baggage of two companies have arrived at Tonawanda, who arc expected to-night. Governor Head, upon his arrival at Chippawa, said that the rebels must be driven from their encampment if it cost his own life and half the lives of the province, whereupon 300 of the Tory party threw down their arms. Although a great display of force is exhibited at Chippewa, it is believed little dependence can be placed upon them. The Patriot camp are prepared for an attack, which they are daily expecting. [FRONI THE ROCUESTER.] DERNDERNT, DEC. 27.—The common council last evening passed a resolution, calling upon the citizens to observe.a strict neutrality in the Canadian contest, and to be calm in the ex pression of their sympathy. Our city is filled with excitement and rumours relative to affairs in progress on the line. It is said that Governor Head passed up from Lewiston to Chippawa, with thirty sledge loads of men, on Monday ; also that on Monday the Go vernor sent a flag of truce to General Van Rousseller, com manding him to leave Navy Island instanter. The Ge neral's reply was, that he was quite ready to leave, and thra he intended to dine with the Governor in a few days at Toronto. It is further rumoured that steam-boats are being prepared for an expedition at Buffalo, to some place unknown. M , Nab is reported to be moving towards Chippawa with thirteen hundred men. It is a fact that volunteers arc con tinually wending their way to Navy Island, and that twenty five ferocious looking-fellows left this city for some point in that direction yesterday. A gentleman from Detroit brings information that a patriot force was forming opposite that city when he left, and that the volunteers were flocking in fro m all quarters. Dr. Duncombe was said to be there. We raw a gentleman last evening who left Hamilt on on Sunday ; 111'N a b was th ere w i t h aforce of about 300 which were continually increasing, for the purpose of marching to Chippawa. On Monday, he says, about 400 people landed at Queen's Town from Toronto, for the same destination. The same gentleman says a party of about fifty Indians accompanied the stage from Bradford to Hamilton. We learn from a cor rect source that there are no fewer between London and Sandwich. At the former place, on Saturday, the Loyalists were still hunting the Provincials. A judge (.`Lean) of sa3s that three malcontents of the London district have been arrested and imprisoned. This we know to be a mistake, as we saw one of them hale and hearty at Ridgway on Saturday, on his way to Navy Island. He had a narrow escape, which will be felt when he again meets his persecutors. The following persons have been lodged in gaol at Kingston: They are Joseph Caniff, Reuben White, Joseph N. Lock wood, Gideon Turner, C. H. M'Callim, J. H. Harris, P. Davidson, sen., J. Caverley—all of Belville, charged with high treason; Dr. Haydon and Mr. Parks, from Hastings; also, Mr. T. Anderson, Anson M. Day, Arran Robinson, Mr. Tacker, from Canada East, accused of sedition. The Lieutenant-Governor has offered rewards for the ap prehension of the following :—Charles Duncombe, 500/. ; Eliakim and Finley Malcolm, and Robert Alway, 250/. ; Anderson, and Joshua Doan 100/. We find th e followingin ;he Rochester Daily Advertiser : PROCLAMATION. " Three hundred acres of the most valuable lands in Canada will be given to each volunteer who may join the Patriot forces 11 °w encamped on Navy Island, Upper Canada ; als o , 100 dollars in silver, payable on or before the Ist of May next. " By order of the Committee of the Provincial Government, " W. L. MACKENZIE, Chairman, pro tern. " Navy Island, Tuesday, Dec. 10, 1837." We Wednesday copy the following f ro m th e B u ff a l o J ourna l o f : THE SPIRIT OF THE COUNTRY I—WC give the following extract from a letter from a gentleman in Tompkin's county to a business firm in this city, as one among the many which we have seen indicating the feeling which prevails all over the country, in reference to the cause of the Canadian Re formers : " Dear Sirs,—l herewith send you a ten• dollar bill, which, with my respects and good wishcs, please give to my friend, W. L. Mackenzie, who I discover by the paper is in your City. If, however, he should have previously left, give it to sortie other Canadian Patriot, and if the cause of freedom and 4i senthralment from petticoat government will be subserved by drawing on me for 50 dollars or 100 dollars, I shall be happy to meat the demand. riial at Chippawa, sever -ly censured some of the half-pay officers resident in that neighbourhood because they had not gone to Buffalo, and also because they had not dislodged the patriots from Navy Island ; the half-pay officer probably thought it would have been a hard job to rescue Mr. Macknnzie from the Buffalonians ; and as to the latter cause of censure the journal says—" If Sir F. Head wants Navy Island, it is there before him—he can take it for himself ;'in this case he will receive all the honour." The Buffalo Star of Tuesday says—" Rumour is wide awake yet, with her thousand tongues. It is certain that the inhabitants of the other side are surrounded with trouble and suspicion ; the farmer is not allowed to visit his barn and out houses without a guard to attend him." It is rumoured — that Governor Head expressed great indig nation towards one of the military officers, because he did not send a party of our men into our territories to seize Mr. Mac kenzie on neutral ground. If this be true, and the attempt be made to tal:c any of the patriots from our soil who may have fled hither for shelter, we believe the Governor himself would hardly be safe, even in the midst of his own guards. The fact that the loyalists on the Canada shore have destroyed all means of crossing speaks plainly the fears they have of their own people. None aro permitted to cross to this side but sworn loyalists. The army of Navy Island is increasing and in fine spirits. They have a large number of cannon furnaces for heating shot, and every means of laying the village of Chippawa in ashes the moment any attack is made on them. We understand that a quantity of stand of arms, kept at Waterhouse, belonging to the State, were stolen on Wednes day night. No clue has been obtained as to who were the thieves. (From the Rochester Democrat of Dec. 25.) Faom THE NEST. —We have intelligence direct from Navy Island as late as Saturday afternoon. The force on the island was continually increasing, by volunteers from both Canadas arid the States. On Friday Mr. Jesse Lloyd, for whom a reward of 3001. had been offered, arrived at the island in company with seve ral others, after having undergone the most severe hardships, prom fatigue, hunger, and exposure. They passed down Lake Erie forty miles in an open boat, with high winds and intense cold. On the same day Mrs. M`Kenzie reached the island. After having endured repeated insults, she obtained a pass from Governor Head to leave the province. She is an intelligent Scotch lady, and a warm patriot. Her willingness to endure all the privations of the camp, is an evidence of her devotion. On Thursday Governor Head reached Chippawa, and swore lustily because the island had not been taken. After a swag gering speech of some length he called for volunteers to attack the Patriots. Three answered 1 After another speech fifteen answered 1 He then left them in a rage. The island cannot be taken. A gentleman whom we saw on the line, direct from Fort Eric, by way of Chippewa, &e., says that there are no more than 50 troops between Fort Erie and Niagara; 150 had been sent to Toronto. There are ten or twelve pieces of artillery on the island, and one mortar. The ammunition is abundant. It has been reported that the Royalists intend to attack the Patriots with bomb shells, but such an attempt would be per fectly harmless. The island is an almost dense forest—a mile and a half long and near a mile wide. Bombs might be thrown for a month without injuring a single mau. During Thursday, Friday, and Saturday, the Royalists re peatedly fired upon the sentinels on Navy Island with muskets, but the distance (half a mile) prevented any mischief. The Patriots have only in one or two instances returned the fire. There are only 150 men now opposite Navy Island. The Patriots will doubtless attempt a movcmant soon; but how or when is not yet known. All concur in saying that hundreds now under arms amonc , the Royalists arc only waiting an opportunity to join the Patriot standard. So crossing the Niagara river was permitted on Friday and Saturday. We understand that the Attorney of the northern district will demand that this order be countermanded. We find the following in the New York Mercantile Adver tiser of the 27th inst. It is copied into that Journal from a Patriot Paper called the Rochester Daily Democrat : We learn, by a lady who arrived in this city last night at ten o'clock, and who left London, Upper Canada, on Friday morning last, that 700 Royalists from Goderich, by Lake Huron, under the command of General Langworthy, arrived at that place on Thursday morning,' the 14th, to guard the Court-house and gaol, which it was supposed the Patriots would attempt to destroy, for the purpose of liberating several of their friends imprisoned. On Friday morning the company proceeded to St. Thomas, for the avowed purpose of arresting the printer of the St. Thomas Liberal, and all others whom they could discover aught of suspicion against. Our informant tells us that during several nights previous to Friday alarm guns were fired at London, under apprehension of attacks from the Patriots. In the town of Oxford a. company of 300 men, under the command of McNab, was met, proceecing to Oakland, where a portion of the Patriot army was encamped. Our informant stopped at Brantford during Friday night and on Saturday morning, .vas told that an engagement had taken place between the Patriots and Royalists at Oakland, and the former driven back, with a loss of three killed. We could not learn how many Patriots were in the engagement, nor who commanded them. This information the lady de rived from a Tory source. It is said that in their retreat, the Patriots were joined by several hundred Indians, and with this reinforcement were in tending to attack the Royalists. ✓ (From the British Commercial Advertiser.) AFFAIRS IN THE UPPER PROVINCE. Things are approaching a crisis. The Governor has been transporting boats from Niagara in waggons to Chippawa, where breast-works have been thrown up opposite Navy Island. The Patriot camp is in excellent spirits, making every preparation against an assault. Mrs. M‘Kenzie is with her husband, and refuses to leave him. She bids fair to be come the heroine of the romantic expedition ; the secrets and expresses of Gen. Van Nouseller brings gratifying intelligence from the northern and western districts. It would be im proper for us to be more explicit at present, while we vindi cate the " suppressing of the laws" it would be contrary to our feelings and principles to give any information relative to the plans of the Patriots which might prove prejudicial to their cause. Gen. Van Rousseller gives orders not to fire a gun until the loyalist forces have commenced. A few shots have been sent from the other side, but it was only necessary to show a blazing match to make those engaged in it scamper. Yesterday the actual force enlisted and enrolled was 523. This is exclusive of a large number employed in various ways, who do not belong to the force. We do not believe Sir F. Head's troops dare cross the river ; if they attempt it they will find a glorious grave in Niagara. The Volunteer corps for the protection of the city from the vengeance of Sheriff INPLeod, has been organised, armed, and equipped, as the law directs every man to sleep arms beside him, dreaming of blood and battle. Our neighbours of Rochester enter heart and soul into the cause of the patriots. We learn from the best authority that a Committee from that•place, accompanied by Dr. Rolph, were in Navy Island yesterday, for the purpose of conferring with General Van Rousseller. " Yours, respectfully." (From the Buffalo Journal of Dec. 25.) " The Provincial Parliament of Upper Canada is sum moned t o meet on T hursday. Th e i r sess i on will be an . Pcrtant one." Th e following dispatch from the London district is pub_ 'shed i n the Toronto Patriot of the 19th:— Head-quarters, Township of Oakland, " Scotland, Dec. 15 , 1637. " Sir,---I have the honour toreport that the rebels have dis , Persed in all parts of this district, and tbat I have taken every P r ecaution to intercept them, and cut off their retreat. , I hav e rece i ve d several deputat i ons f rom t h ese misguidect praying for leave to come in and surrender their arms, 41 e the o at h o f a ll eg i ance, i f necessary, and j o i n t h e troops 1 4 : ti l er ray command. I endeavoured to find out those of the their who may yet remain behind, So far I have refused 'it' request, unless their leaders are delivered into my ands On this subject lam to meet some deputations this ey ~n i and will forward a more explicit dispatch of it in the Intelli gence h av i ng reached this place that a body of fo •t}irers were th reaten i ng to cross t h e Ni agara r i ver to j o i n too rebels that may yet be found in the country, I have this irtent been called upon by Colonel Rapeljis, Colonel Sal 41a .k.;olonel Aiken, Colonel M`Call, and the officers corn "mg the regiments of uolunteer corps in this district, with )I'n,quest that I will offer to his Excellency their services, with b e u °o or more of the gallant militia of this district, who will thjeadY on the slightest notice to march to the frontier should i n i r Country require their services; and I have no hesitation tr, B „ t lting, that should any demonstrations be made on that i t ,Ct'er, a sufficient force of cavalry and infantry can be poured th. k) that quarter from the London and Gore districts, more d,n, adequate to put it down. t i zts I cann o t d escr ib e i n terms suffciently str ong t h e enthu tr 41 and ardour w ith w hi c h th e loyal inhabit ants o f th i s coun t're crowding to my aid. . _ " - 1 have the honour to be, &c. " A. 114‘NAB13, Colonel Commanding." The Buff a l o Journal states that Sir F. Head, on his ar- THE SUN, LONDON, SATURDAY, JANUARY 27, 1838. UPPER CANADA. The following appears in the New York Mercantile Adver tiser of the 30th of December : ( From the Rochester Daily Advertiser, Dec. 25.) It is said by those who arrived from Buffalo last night that General Van Rousaellar, with his band of patriots, intend to cross over into Canada in the course of a day or two and make an immediate attack upon the British forces. Report says be has near about 800 men, and that recruits are flocking in from all quarters. Some thirty or forty left this city last Saturday night with the intention of proceeding directly to Navy Island and joining his company. SPIES.—Two loyalists came from the Canada side to Buf falo a few days since, and passed ever to Navy Island, pre tending to be patriots, But it was soon discovered that they were rank loyalists, when they were kindly furnished with employment, and have been obliged to remain there and do their regular duty ever since. We are very much inclined to the belief that the Governor Head will not soon be much wiser for all the information these two gentlemen will obtain. The Governor, it is said, has retired from Chippewa to Ha milton, We saw a handbill last night, containing a letter to a gentleman in this city, dated Navy Island, appealing to the people of this state for assistance in prosecuting the war against the Ca^.adian loyalists. It states that the patriots under Mr. Duneombe had taken Fort Malden, and thus established a post upon the main shore. This, if true, is of great irnt,Ks7tance. to the Pat r i o t s . Th ey w i ll now be able to crT.;; over from Navy Island and find a force to co-opera ti: with them immediately. The letter states that with 1,000 men they will be able to eon= quer the loyalists with but very little difficulty. Mr. Bidwell arrived in this city on Saturday night, br. Rolfe. still remains here. We understand there has ban a meeting held in this city by a number of our citizens, and that they resolved to call a aoutity meeting for the purpose of taking steps relative to the affairs in Canada. During the nights of last Thiirscky anti Friday, three pieces ~• , • . of ordna nce were taken frern piaces in this city and vici nity, and probably Caf - riZtn to Navy Island. Two of them be= longed to tltt S tate, and the other, we believes belonged to the United States. We wish our vititens would act with a little more discretion. These are the most high-banded mea sures that can be taken, and in ordinary times would suhjel",t the perpetrators to the severest punisbnoitit. , t Our Philadelphia tbrrespondent," says the Morning Chronicle, its a Third Edition, under date of the 31st states that in the United States a disposition to lkerfeft in favour of the Canadians was , gaining ground. A meet i ng. wa s cal'ed on the 28th at Vauxnalt Gardens, N ew Y or k, at which Callaghan. late editor of the Afonireal Vindkator, and ethers rendered desperate by the situation in wliich they have placed themselves, made furious harangues against England, and laboured most earnestly to induce the people of the United States to take up arms for them. The most startling falsehoods were told of the cruelties practised by the British. One statement was, that eleven prisoners had been shot one after the another. Passages from official dispatches, and pa ragraphs from Canadian newspaper s were paraded to excite feelings of horror and detestation against the English autho. r iti es . Many of the United States journals point out the folly and injustice of their taking any part in the struggle. Though Navy Island is described as a strong position, and numbers are said to be repairing thither to join the rebels, it is confidently predicted that they cannot hold out long. How they are to be provisioned does not appear. Whatever facilities may ex ist for forwarding; the necessaries of life for the multitude thsle collected from the United States, nothing is speid ko justify a belief that the means of paying for them have I befit secured, or that prompt payment will not be called for. : IMPERIAL PARLIAMENT. HOUSE OF LORDS, JAN. 26. THE DUCHESS OF KENT'S ANNUITY BILL. The Lord Chancellor, Earl Shaftesbury, Lord Glenelz, the Duke of Argyle, and Lord Duncannon, took thei seats on the Woolsack, at Five Minutes past Five o'clock, as Royal Commissioners. The Cornmans having then been summoned, and attended at the Bar, the Royal Assent was given to the Duchess of Kent's Annuity Bill, and a Naturalisation Bill. __ . There was only one other Peer in the House during this period—namely Lord Hill. The House then adjourned during pleasure. In a few minutes afterwards the LORD CHANCELLOR took his seat on the Woolsack. . _ Lord GLENELG laid a paper on the table, but nothing was heard in the Gallery of the nature of it. Lord ELLENBOROUGH said he had thought the Noble Lord was laying on the table a copy of a dispatch from Lord Glenelg to Lord Durham, of the 20th of Ja nuary instant.—( Laughter.) But as he was mistaken in that, he (Lord Ellenborough) now moved for that copy. Lord BROUGHAM presented a petition from the borough of Kircudbright, prayinc , for Vote by Ballot and the Extension of the Suffrage. A petition from Gisborough, in the County of York, praying for Vote by Ballot, the Ex tension of the Suffrage, and the shortening of the duration of Parliament. A petition from the electors of Totness, agreed to at a public nseeting held on the 28th of last month, pray ing for Vote by Ballot. A petition from Beverley, in the county of York, praying for Vote by Ballot ; and one from the same place praying for the Extension of the Suffrage to all householders : these petitions were signed by the Mayor of the borough, and also by the worthy Vicar of St. Mary's. A petition from the borough and county of Peebles, agreed to at a public meeting, for the Vote by Ballot. A petition from the Magistrates and others of Selkirk, pray ing for Vote by Ballot, and for some remedy for that most crying of all evils in that part of the United King dom, the manufacture of fictitious votes. A petition from the United Synod of the Secession Church of Scot land, meeting pro re 'rata, agreed to on the 3d of January instant, signed by the Moderator and Clerk, which was the common form, praying that their Lordships would on no account whatever grant any additional en dowment to the Church of Scotland. A petition from the non-elector's of Cupar, praying for Vote by Ballot. A petition from many hundreds of the inhabitants of the Gorbals, Glasgow, praying for,Vote by Ballot. There was no subject which created at this moment in Scotland a more lively interest than the question of Vote by Ballot. The Noble and Learned Lord then presented a petition from the Mayor, Aldermen, and Burgesses of Boston, in the County of Lincoln, praying for the diffusion of the bles sings of Education among all classes of her Majesty's sub jects. A petition from Bridport and its neighbourhood, praying for the immediate Abolition of Negro Appren ticeships. A petition from the inhabitants of Glasgow, agreed to at a public meeting held in St. John-street Chapel on the 27th of last month to the same effect. A petition from Paschbridge to the same effect ; and petitions from Dawlish, Crewkerne, Boroughbridge , and several other places to the same effect. The Noble and Learned Lord then said that he was about to call the attention of the Noble Secretary for the Colonies to the subject of slavery, but he observed that he had left his place, and was not now in the House.—(Hear.) He would consequently give notice, that on Monday next he should move for the production of certain papers relat ing to Negro Slavery, amongst which would be an Order in Council of July last, enabling the inhabitants of British Guiana to take Chinese apprentices for five years. Adjourned. HOUSE OF COMMONS, J. 26. The SPEAKER took the Chair at ten minutes before Four o'Clock. Mr. Campbell, from the East India House, presented Returns of the Compensation given to the Officers of the East India Company. Sir E. WILMOT brought in the Brackley Market Bill. Mr. MACKINNON presented a petition from several influential manufacturers of printed cotton in support of the Bill which he had introduced for the protection of patents. Mr. S. ELLIOT presented a petition from Hyde, in favour of the vote by Ballot ; also a petition from the same town, praying that the House would introduce a clause into the Reform Bill, declaring that the votes of non-resi dent electors should be declared illegal. NEGRO EMANCIPATION. Sir E. WILMOT presented two petitions from places in Essex, praying that negro apprenticeship might be put an end to. The Hen. Baronet then gave notice that he should early in February more that the apprenticeship clause in the Act be totally repealed. MARINE INSURANCE DUTY. Captain PEC HELL presented a petition, signed by the merchants and shipowners of Shoreham, Kingston, Brighton, Worthing, Lewes, Newhaven, Arundel, and Chichester, against the Marine Insurance Duty. GLASGOW COTTON SPINNERS. Mr—WAKLEY said he was again placed in an unfor tunate situation, from there being no Minister in the House. It was the same thing every day—there was no Minister in the House, although there was so much important business before the House.—( Cries of Hear, hear.) However, he saw a Gentleman below him connected with the Government (Mr. R. Steuart), and perhaps it would be sufficient to appeal to him on the present occasion. What he wished to move for was a copy of any memorial that may have been presented to her Majesty from the Counsel of the Cotton Spinners who were lately tried at Edinburgh, praying for a mitigation of the sentence passed on them. He made an application the day before yester day at the Home Office for a copy of this document ; but was told that if he desired to have it, he had better move for it in the House. The SPEAKER said the Hon. Member must be quite aware that he ought either to have given notice that it was his intention to make such a motion, or ought to have had i•omc communication out of the House with a gentleman connected with the Home Office. According to the gene ral rule, a Member on making a motion for copies of any documents was supposed to have the concurrence of that department of the Government to which the motion ap plied. He had only made these observations, in conse quenc• of certain expressions that had fallen from the Hon. Gentleman. Mr. WAKLEY said it might be the ordinary usage of the House, that a motion of this kind should not be made without notice having been first given. But he believed it was presumed by the Constitution, and the persons who sent them there, that they were always attending to their duties, and he was not aware there was any regulation of that House requiring that notice of a motion should be given. The SPEAKER assured the Hon. Gentleman that the usage complained of was instituted for the general conve nience of the House. Mr. R. STEUART begged to assure the Honour able Member for Finsbury, that the Ministers had other duties to perform than those which they had to per form in that House ; and so long as his experience in Parliament had • lasted, the Ministers had never been expected to be in the House until the usual hours for commencing the regular discussions. They had the op portunity of seeing the substance of all petitions presented to the House in the papers furnished by the House, to gether with the number of signatures to each. As re ' spected the motion of the; Hon. Member, lie was unaware whether the Home-office would have any objection to it or not. The Hon. Member ought to have consulted with the Noble Lord at the head of that Office last night. Mr. WAKLEY still considered that it was the bounden duty done responsible Minister of the Crown to be present at the sitting of thn House. The Hon. Member was mis taken with respect to the accommodation which was af forded to the Ministers by the papers of the House; they stated no more than the number of a class of petitions without any details. Ho did not consider that it was treating either the House or the country with proper respect, for the Whole of the Ministers to be absent day after day during the whole session, a nd lle would say so were his dearest friend in office. He 'li d not suppose that it was possible there could be the slightest objection to his motion ; but under the circum stenrmt he WuUld *itiidta* it until the Noble Lord the 1 Secretary for the HOme Department was in his place. EAST INDIAN JUDICATURE , Mr, WARD pfestiited h petitionto which he in treated the attention of the House—most numerously and respectably signed, from the Presidencies of Madras and Calcutta; against an Act of the Legislative Council of Bengal, which set aside the 52d section. if the 30th of ,. George 111., which latter Act gave to the subjects o. the Presidencies the right of appeal from the Provincial Courts in India to the Privy Council in England. The now Act of the Legislative Council gave a general juris diction to the Provincial Courts, and to a very great ex tent (lid away with the right of appeal. The petition was signed by 2,000 persons, amongst whom were the most re spectable British and Hindoo merchants in Bengal. Those of the petitioners who were native British subjects had me morialised the Council against the Act ; but they were in formed that the Act would not affect them. They found , that it did to a great extent interfere with their right of a ppeal. The petitioners concluded by praying that a general code of laws be prepared, which shall be applicable to the condi tion of all classes without distinction of religion or c olour ; that they may obtain the right of appeal to a Court which shall b© independent ,of the East India Company ; and that the Act of the Legislative Council before referred to be repealed. The Hon. Gentleman moved that the petition be laid upon the table, and printed ; and he further gave notice that on the 6th of February he would call the attention of the House to it, with a view of considering the propriety of repealing the Act alluded to by the peticoners. TITHE COMMUTATION. On the motion of Mr. DUGDALE, a Return was or dered of the number of tithe commutations which havo hem actually completed, by the apportionment thereof, up to the 31st December, 1837, distinguishing in how many cases the tithe owner was a layman, and in how many an ecclesiastic. Lord W. I3ENTINCK presented a petition from the barony of Gorbals, against the duty on Fire Insurances ; a petition from Glasgow, in favour of Mr. Rowland Hill's Post-office plan ; and a petition against any grants to the Church of Scotland. PENSION LIST. Sir GEO. SINCLAIR would take that opportunity of stating—[The House having been unoccupied for the last fifteen minutes] —that he had no intention of renewing the motion for placing the Hon. Member for Southwark (Mr. Harvey) on the Pension List Committee. He did not think it would be right to take up the time of the House on a subject that had been fully discussed and disposed of. At a few minutes past Five, Sir Augustus Clifford, Usher of the Black Rod, walked up to the table, and sum moned the House to the House of Peers, to hear the Royal assent given by Commission to certain Bills which had passed both Houses. The SPEAKER, with a considerable number of Members, proceeded to the bar of the House of Lord 3. The SPEAKER returned at a quarter past five, and informed the House, that the Royal assent had been given by Commisson to the Bills stated in our Lords' report. LOWER CANADA GOVERNMENT BILL. On the motion of Lord JOHN RUSSELL; the House went into a Committee on this Bill. Mr. BERNAL having taken the Chair, Lord JOHN RUSSELL then rose and said—Sir, upon the question that this Bill be read a second time, I ad dressed some observations to the House with respect to the course which we intended to pursue with regard to it. I statedyesterday my view of the case with regard to a statement Inade by my Right Hon. Friend the Member for Coventry, and I then stated that I would be prepared this day, after consulting with my colleagues, to state the mode in which the Government meant to proceed to this Bill, and, with respect to the amendments pro posed by the Right Honourable Gentleman opposite. Accordingly Sir, the whole subject has been considered by her Majesty's servants, and I have now to state what is their opinion of the manner in which we ought to proceed with this Bill. Sir, it was the anxious wish of her Majesty's Government that Parliament should have an opportunity of considering the whole of this subject, and the whole of the policy which was intended to be pursued. No one, I think, could find fault with that proceeding ; indeed the only fault mentioned on the first night's proceedings was that stated by the Right Honourable Gentleman opposite, that we had not brought forward the question in a more solemn manner by a Message from the Crown, asking the advice of Parliament on the subject. Sir, without taking that mode of proceeding, we yet did think that it was right that the whole of the policy to be pursued by the Govern ment should be laid before Parliament, and that Parlia ment should be called upon to decide with respect to that policy.---(Hear„ hear.) In pursuing this view, we certainly have placed ourselves in difficulties, with re spect to the manner in which that advice has been asked. lam ready to admit that a part of that policy— being the exercise of the prerogative of the Crown—that either to enact or to place in the preamble of the Bill a recog nition of that policy, is a departure from the ordinary usages of Parliament, but one which we thought justified by the ex traordinary nature of the occasion. But, Sir, the Right Hon. Gentleman opposite has questioned this mode of proceeding ; he has found fault both with the form and the substance of what we propose ; and my Right Hon. Friend the Member for Coventry has called on us very emphatically to declare whether we consider ourselves bound to this preamble as an essential part of the measure. Now, Sir, with respect to the nature of the proceedings, I certainly am ready to say that it is not according to the or dinary forms of the House ; and, with respect even to the substance, I am ready to declare, as I did in a former debate, that the words proposed by the Right Hon. Gentleman secure that which I think is essential should be secured, to have been of this nature—for while you propose to suspend the Constitution and liberties of the Province of Lower Canada, you declare at the same time that it is with a view to the perma nent arrangement on which those rights and liberties should be maintained and secured. Sir, there is another question, however, upon which I felt far greater difficulty, and upon which I stated my difficulty to the House last eight—that was, that having placed in the preamble of this Bill a recognition of a part of the policy that we proposed to pursue, that an alteration of the preamble by which that part should be omitted would seem to be an implied alteration of that policy. Her Majesty's Government have again seriously considered this matter. Now, Sir, the Right Hon. Gentleman's declarations upon this subject are exceedingly important, and in fact upon such declarations as are made by Members of this House, much of the future proceedings of course will depend. The Right Hon. Gentleman, as I understood him, declared that he objected to the policy we proposed to be pursued, and which is contained in an extract of a despatch from Lord Glenelg to Lord Durham, describing that if Lord Durham thought fit lie might, in a certain manner pointed out, take the opinion and advice of the persons representing the G ove rnment in Upper and Lower Canada. Now, Sir, if the Right Hon. Gentleman h ad said that , in h is o p inion, that policy was so faulty and likely to be so injurious to the conntry that he could not agree to it, then undoubtedly it would be the duty of himself or some other Member agreeing with him, to have proposed to this House which is now as sembled for the purpose, and at present for the sole pur pose of advising the Crown on this emergency, to declare that some a ddress or resolution to the Crown was necessary, to the effect that this House advised her Majesty not to unction such policy. But, Sir, I have not heard the Right Hon. Gentlemen go that length of condemnation ; on the contrary, if I collected rightly what he stated yester day, and if I am now correct and not mistaken, his declara tion was, that although be did not agree in the particular mode pointed out in these instructions, he considered it a matter within the prerogative of the Crown, for which the immediate advisers of the Crown ought to be re sponsible, and of which responsibility he would not re share, or a d m itti ng a ny par ticipation any part n of the Hous e , i n th a t r es ponsibility. by th taking Such being the declaration s of the Right Hon. Gentleman, we have felt it to be ou r duty to come to this conclusion, that with re s p ect to the p r eamble itself, so far as the Bill is concern ed, and lookin g to th e importance of those.con siderations which m y Ri ght Honourable Friend be hind me ( Mr. Ellice ) s uggested, we do not think tliieeviin-iattihoneni on e that the Bill of itself would be e very materially injured by an alteration of the preamble to the effect proposed by the Right Hon. Gentleman.—(Cheers from the Tories.) Sir, with r espect to the policy which is proposed to be pur sued, w e have communicated it to the P ar lia men t, b o th in speeches of Ministers in this House, and in the dispatches which we were commanded by her Majesty to lay upon the table. Now, Sir, if those who are opposed to that part o f the preamble which it is proposed to omit, if they entirely disapprove of that policy, we think it is incumbent upon them, if such is their opinions, to offer th e i r advice to the T hrone, and to state in this House,f by some defined motion, their condemnation of the policy which we have so openly declared.—(Loud Ministerial cheers.) If, on the contrary, their opinion is that that is a subject upon which the House of Commons need not interfere—if they should say that we ought not t o i nvo l ve t h e H ouse o f Commons in . .any part of the responsibility.-cif they are con tent to leave the whole responsibility on the shoulders of the Government ; why then, Sir, we consider, upon a view of this whole subject, that we are bound to abide by that responsibility, and to consider that the House of Commons is willing to allow the matter so to rest.— (Cheers.) In short, that the Earl of Durham, in pro ceeding to Lower Canada, will proceed with those in structions, and that he will not consider his discretion fet tered by any resolution or any vote which has been come to on this subject.—(Cheers.) Sir, with respect to the Bill, the Governor of Lower Canada, no doubt, would be satisfied with the Bill as it is proposed to be amended ; and with respect to proceedings in this House, if none are taken, then it is impossible to suppose that any censure can be conveyed upon the policy proposed to be pursued. Sir, I am glad to see the very general interest which is taken upon this subject in this House, and that so many gentlemen, animated no doubt solely with a view—(Loud cheering from the ministerial benches, echoed by cheers from the opposition side of the House) —to the proper settlement of this question—(Continued cheering)—and have attended the House at this stage of its pro ceeding.—(Loud and reiterated cheering.) And, Sir, as the House is now so full, and there is that great attend ance, I will take this opportunity of stating again, not what are the precise or particular instructions given with respect to that part of the policy to Which the pre amble adverts, but what is the general nature of the po licy proposed to be pursued in that respect. Sir, it has always seemed to us that with regard to this subject, while it was our duty to call on the House to suppress all appearance of resistance to authority, and while it was our duty to provide for the carrying on of Government in Canada, that we ought not to be parties in any way to the suppositiOn that the great body of the French Canadian inhabitants of Lower Canada, or any other part of the inhabitants of Lower Canada, were to be made the subjects of proscription or injustice, es a body, in consequence of what has taken place. --(Hear, hear.) It is our view, therefore, that in any future settlement with regard to the affairs of Lower Ca nada, that the wishes and the opinions of the people inha biting that Province should be duly consulted.—(Hear, hear, hear.) Sir, if it were ever necessary to say this, I ' degree abated ; and I felt perfectly satisfied that either by think it necessary to do so at the present time. I think it a najoritv, or by the hope of a majority, or by the volun is necessary t o d o so , w h en th e i n surrection which Sir Joh n t .ry adoption of my amendments Colborne with s o muc h en er g y met—(Cheers)—is declared 'that pea on would prcvai', and that the objectionable clauses would be struck from this Bill.—(Opposition cheers.) by that Gallant Officer to be almostat an end, and to say : Si r, my conf i dence has been justified by the result, for I that when that insurrection ;hail be at an end, the an understand the Noble Lord to declare that he is preperetd feelings roused—natur a lly roused—in those who were g ti r le y I to adopt without qualification the prepositions I have objects of enmity in tbat province, shall not form the rule l made.—(Cheers.) It is therefore wholly nuneeessary and the pride of the gaverning body representing Great i for me now to declare What my own views and inten- Britain in the province of Lower . Canada. Sir, I feel dons are, unless to preclude the possibility of mitt this, because I totally differ from the morality which has construction. I did not move for the simple omission lately been laid down at the bar of this House, and echoed within this House—that success is to be the only criterion of of the preamble of the Noble. Lord, hut I expressly stated what was the substitute I proposed. I proposed, rebellion. lam not prepared to agree to a code, by which John that upon mature consideration—l prepesed that in lieu Hampden and Jack Cade should be placed on the same of the preamble of the Noble Lore!, there should he in level, and according to which Mas in i ello of Naples should serted in a p trt of the preamble of the Noble Lord, be covered with eternal laurels, while the name of Algernon words which were to the following . effect :—" that Sydney should be consigned to immortal infamy.—( Cheers.) in order th a t t em p orar y p rov i s i o n srlott:(1 be made for I am not prepared, therefore—while Ido not estimate the the Govern men t o f C ana d a , i n or d er that Parliament merits of insurrection by its success—l am not Prepared to should be enabled, after mature deliberation, to make per estimate its guilt by its failure.—(Cheers.) I consider manent provision for the Constitution and Government of still—as at the commencement of this insurrection—that Canada"—l did not say for the Governmetit mereisa and thca greater part of those who were led into it, have beeniinserted the word" Constitutio n " f u r the expres s purprise led i n t o it c hi e fl y b y t h e i r own ignorance—partly of implying that that Government s h ou ld b e a c o n stit u ti o nal by the ill-construction of the powers of Government of one—l added the words "that the basis sh o uld be a per- Lower Canad a , an d p ar tly by th e ac ts and seductions of manent one,' and also added " that the basis should certain ill-disposed persons in that country—(Hear,)—who be one which,would secure the rights and liberties, and pro- • made those unfortunate and misguided persons the tools of their mote the interests of all classes of her Mejestes subjects." machination s . I th ere f ore d es i re i n an y se ttl emen t of the By, using the words " interests of all classes of her Majea affairs of Lower C ana d a , t h a t th e i n t eres t s o f th ose p ersons ty , s subjects,,, I did claim for Parliament the right of taking should comprehensive view of the whole subject—of consideting g should be fully and enti re ly consu lt e d.—(H ear b ear .) I therefore stated to the House that it is a t of ou the claims of British subjects, and of providing by the esta views that when tranquillity shall have been restored,r blishment of a representative system for tile protection of that the general opinion of the province may be gathered British property, British feelings, and British opinions. —though I do not now enter into the manner in By the words " rights and liberties," I expressly which it may be gathered—and shall be communicated meant to imply that every right which the French to Parliament ; and that we should not impose Canadians now possess, either 17 csptulation or upon that people, a charter which would by them be con- by treaty, should be strictly reserved to them ; that those sidered as a badge of slavery.—(Hear, hear.) I think rights in respect to religion, and in respect to every peculiar rather, Sir, we should endeavour to come to. some settle- privilege derived from capitulation or treaty, should be pre [Dent agreeable to their habits, and in accordance to served to them. I did also imply that all French Canadians, their notions. We should look to secure to them, and likewise those of British birth and connections, should tranquillity for the future, and this consideration will I have the benefit of a free Constitution on a permanent basis. be an essential part of the policy which I mean t lion, also say that I shall freely waive all minor considera propose, and I do not think it will be possible other- , be order . that, by unanimity, the auerem,cy of England wise to carry on the Government in such a manner that may e me m o a t in f tained.—(Hear, hear.) Sir, I have framed my this House can be reconciled to its justice. —(Hear.) amendment . further declaration ortllis of my . I will not therefore make any All those who have seen the newspapers which have come meats for the recordoofmy opinions ; but refer to my amend from Upper and Lower Canada must be aware how highlysentiments.—( He sr, hear.) The Noble Lord who has •u- m t y s i a e t ownhas entered somewhat une irritated the feelings of some parties in that rovince and how great a wish there is to push things province an excess.lie' necessarily into the policyentirely with it'll intendshin, hoe instance, In some l re _ spect sin Canada t iso p . i - —(Hea r , hear.) I wish now to state to the House, that nion that the British Government should apiie a ki n rTi in abandoning—as lam prepared to abandon—that part r_he noble light of an arbiter between the two extreme parte i s a . of the preamble which has been objected to—(Loud be l o agree with him that the settlement of the affAis should rot cheers from the Opposition side of the House)—still left to either d party, even to the British, exasperated— think rated_ think that the position of the Governor sent from this justly exasperated—as a r s e p v e o r i a t t eas hasit is, by the b frivolous and wanton at country should be that which was described by the Hon, temtttjauostt give o en to suppressed ; , but sill, Member - for Newark, who always speaks with great ability being exasperated, which would on this subject—(Hear)—and that this country should be a to be arbiters in this quarrel. It g is beeatl m l e t v ie en i t"e fe l e ' l ow h e e r mediator between the two parties in the Colonies,---( H ear .) justness of this policy that I think it would have b e e p en y be ' st and t My opinion is, that by that means only can peace be Pre- most prudent to give the British Governmetit the power to be arbiter, and that you ought to have enforced that policy by served. My opinion is, that by that means, and the pre- such a preponderating force as might strike tern ,r into those servation of our supremacy in the province, can its perms- who might be disposed to resist the supremacy of the Crown. neat prosperity and happiness be secured.—(Hear, h —(Hear, hear.) It is Lot, by volunteers, hastily embodied, hear.) I ant not afraid, like many who have lived of either by i British troops, flee from participation in the feelings in the colony, that those who are of British oeitterparty, and ready d determined to put d awn all attempts at - 1 0 scent can be permanently oppressed by its ancient inha- insurrection, (Hear an ho r n. a ) y f i e t r is a i n je y en emerrney, that it should be bitants. My opinion is, that if we secure not only to the done.—(Hear, u r s e e rnme e r o .t neur f in that policy, th British, but to the ancient settlers, every right and privilege that I condemn the policy of Go which they ought to possess, that they may live together because they did not forsce the great probability that, on our in peace and harmony, and in the end, as they are to resolutious reaching Canada, some popular commotion would have a constitutional government, I do hope and follow ; and for having no other means for suppressing revolt, except enrolling exasperated partisans.-:-( Hear, hear.) Sir, trust that those British feelings and opinions which the Noble Lord this evening takes a different view of this are the best and safest foundation of a Constitutional mat ter from that which he took yesterday evening.— (Laughter.) Government—(Hear, hear,)—which are more essential to He does not now see that any inconvenience can arise from its proper working than any articles or provisions that the omission of those words—that any reflection can be cast may be inserted in it—(Hear, hear) —I do hope, Sir, upon Government for the omission of those words—but be that these feelings may pervade the province of Lower Ca- says—" If you object to the policy we mean to pursue, why nada, and that actuated by them, the people of Canada will do you not propose a vote of censure on our instructions ?" carry on th e ir C on tit u ti ona l G overnmen t with the freedom Why , my pr i n ci p l e i e that we havenothino. b to do with those and liberty, and ik ew i se , I trus t w i t h th e t em p er and mode- instruc tions,—(Cheers.) I will rot call in qu is-ion the exer ration which have always distinguisded the Parliament of vise of that prerogative of the Crown, by wh.ch Lord Dur- - this country.—( Hear, hear, hear) In this country, ham has been appo'nted ; I have not said a single word against that appointment; I knew too well the importance of with the e xce pti on o f some' extreme contests, though there maintaining the prerogative of the Crown.—( Renewed has been every assertion of freedom on the one hand, there cheers.) I knew so well that the first attempt on the part of has been a willingness on the other to give the Go- this House to call in question, without a great necessity, the vernment on occasions of this sort every power which e x e rcise la of saidthat prerogative would be highly dangerous, that the Constitution allowed them. I have now stated what it isone with word the against the appoistment. I shall proposed to do with respect to the preamble of the Bill, act e v o a ns n intently principle t.ain t with aspect to the in- With respect to the clause which the Hon. Baronet had structions of YGovernment. same becausenotlt ittboesceoinistrue given notice of his intention to move to have struck out, tions—l will vote no censure on them ° namely, the clause giving power to the Crown to repeal_ mence to examine their merits, there n-ay be part I n conccuorrtn this Act., he (Lord John Russell) was still of opinion that it and part I condemn, and then I would hive no alternative but selection. What would be the result ? That I shoal,' place was defensible, because they had on a former occasion myself—an individual Member—ia the prominent situeliou of given power to the Lord Lieutenant of Ireland to proclaim adviser to the Crown—( Hear)—and a party to those insteuc certain districts, and he was allowed to mitigate the seve- tions which are now about to be given under the sanction cif rity of that power according to his discretion. But when ,the Crocco.—( Cheers. ) If I exercise the right of unqualified he said this, lie was still of opinion that if any objec- of and respect ooto the detailed right of qualified censure Lion existed on the part of Parliament to give such a ti. i d n e strue . tions,. because it power to the Crown, they had a right not: only to would be dif fi cult Pe to find t ft w, n ., ) ,ul l d ing te t i m e e rv e l o n n g se ot t unqualified eee,,f decide that question, but that, further, nothing like a le- condemnation. But what gislative power ought to be given to the Crown, unless by the claiming for the House of Commons a articii g a l ti n on in . the ily unanimous voice of that House. (Hear,from the Opposition.) prerogative of the Crown ? It would be P fortif :ine- the most Therefore I cannot object to withdrawing that clause.— dangerous precedent ever established—that of ceiling on me (Loud cheers from the Opposition Undies.) Sir, I per- to pronounce a priori on these inssructions.—( Hear, hear.) Therefore I tell the Noble Lord that he may expect no vote of ceive that this declaration is received with cheers by the that t d v emnation from roc on his instructions, and I abstain from other side of the House—(Renewed cheers.) Sir, it would on the principle it on which I acted throughout. Ido almost induce me to suppose that there are some persons not think te evenlin any to shapehave seen i t those instruction: — in this House who, notwithstanding the magnitude of this (Cheers) we r u ir t allby v ( o H te ,s c a .r r other subject,h do not look entirely to a happy settlement of the wise, contract any share in teir resPo l i a lA v i e li r t'v. affairs of Lower Canada—( Loud cries " No, no," front the hear.) At the same time lam bound to salr that I shall hold Opposition, and tremendous cheers from the Ministerial Government entirely responsible for these instructions.— benches)—but to have a party purpose to answer in their (Hear, hear.) The circumstance of passing them, and main tainin silence, will not involve me in the slightest responsible support of the Right Hon. Baronet opposite. — (Rene w ed e lity. ° I shall claim as perfect a right hereafter to question cries of " No, no" from the Opposition , and reitera ted those instenetions as if I had never bear I of them until cheering.) Sir, if that is not the case .I am glad that now,—(Hear, hear.) I dill say further to the Node Lord, it is not so, and then I may hope that there will be nearly that, fom so hi f e a h r as my opinion is concerned. I concur in the policy a unanimity upon this subject, because, with respect to the how farNV I concurtse instructions issued. I have already declared objections taken to the two parts of the Bill, not essentialconsu lt rey. thethink- ft i l t . most parts, lam willing to accede to the suggestion of the Right that care should be taken I:,ooinstructions themselves all parties Hon Baronet, and I understand him to say, that any in Canada ; but when we talk of those ins . t e rt: powers necessary for carrying on the Government I must say that I think them completely absurd.—( Chers) and legislation of Lower Canada he is willing to grant.— Now tell me whether it was consistent with common sense for (Laughter and renewed cheers from the Opposition . ) the Noble Lord to wait until the last moment smith his instruc. For any powers beyond those in the Bill Ido not wish to dons? If at an earlier period he had asked me to recognise his i should ave taen the liberty to propose an insist.—(Hear, hear.) The Right Hon. Baronet is willing amendment uctions, on l them, as h well sa l on the prearnele of the Bill. As to grant us the chief provision which our Bill contains.— the adviser of a contre projet, my wo.ds to Lord Durham would have (Laughter and cheers from the Opposition.) Sir, with resp ectyou. desirousl h ave de o l f ay o e h ti t Ln i t n il the the last moment . advising to the policy which is contained in the instructions whichlatest which i. i rr haveniati o t, r e ,— e n have been laid before this House, I declare that we main- (Laughter)—of the success of the efforts taip that policy—that we stand by that policy—and that, made for the suppression of revolt for the purpose of ascertain though we accept the amendments of the Right Honour- ing the exact situation of parties, and the f. clings of indivi able Baronet, we do not abandon that policy.—(Con- duals." I would have said to him—" As Parliament has tinued laughter, and ironical cheers from the Oppo- given you an immense authority, unincninbcred with any in sition Benches.) Sir, lam only affirming the sentiments structions, a fortiori, I think it is incumbent en us to leave you on your arrival at your Government to determine the best and uttering language which have been held by those op way of acting, and so far from fettering yoit, who are not to polite, when I declare that with regard to a subject of this sail until the tst of April—(Great laughter)—with instruc nature, if there is a want of confidence in the policy which tions given the 20th of January—(Continued laughter)—im is to be pursued—if the instructions given are condemned, plying a total want of confidence in your means of obtaining it is for those who condemned them to make a specific information, and absolutely undertaking to dictate to you Low motion for carrying their policy into effect.—(Continued many youare i to select from this i ir ; e a s place, and how many cheers from the Ministerial benches.) Sir, I repeat we from men that—how many do not abandon our policy. Sir, we do not make any ex - from the Lower—so Y from the u far fro offering e you an, and d howsuee manyestiefroms traordinary assumption of the approbation of the House of I shall state to you genera ll y the views of *Government, and our policy ; but we do feel justified in considering leave you to form your own judgment—to find out the best that, if no condemnation is pronounced, none is in- means of giving effect to those views."—( Hear, hear.) Now tended, and that our discretion is left free.—(Cheers.) which course would be the more conformable to common Sir, with these observations I believe I may close the state- sense ? As you have that unlimited confidence in the Earl of Durham, which your appointment implies, would it not be bet meat of the course which we intend to take with respect to ter to leave him entirely to his own discretion?—(Hear.) this Bill. I will again declare that if there is a part of the Now the Noble ,Lord challenges me to give my opinion Bill which gives the Governor-General an exorbitant onhi ' s instructions, hne I will not give it to hint in a formal shape, p ow er, which is Rot necessary for carrying on the Govern - but in a private shape, and by way of index—(Laughter)--to ment, let the clauses be amended in that respect ; them. You leave Lord Durham no option on his arrival, but Ido hope that the House will take care that they but either to call no meeting of Representatives or else a par establish a Government in Canada which is capable ticular meeting. You say you will not impose on him the of inspiring respect in that country, and that they will necessity of calling on the advising Committee, but if he does see that they do not renounce the hope, and I trust the think it necessary to call a Committee, he can hale no other well-founded hope, of erecting:a Constitutional Government but the'.—(Hear, hear.) And you ask Parliament to be a party to that arrangement. Suppose, on his arrival , he in that country.---(Loud cheering.) should find a great difference - of opinion existing among the Sir R. PEEL—Sir, when I first became possessed of materials l of a hich he was to form his Committee : suppose the Bill of the Noble Lord for making a temporary provi-nhofuordthseaythwere of f ot willing to co-operate with the sion for the Government of Lower Canada, I availed myself theyCr a a,thisis itr?g u l e i s t t o ne r n ;ea l s io o s l y m a b e i c e u t l o d you of the earliest possible opportunity of giving public notice, then act? Now, adjustmentl ask you, con that there were two provisions in that Bill to which I fine him to five districts, in which, as has been stated, not two entertained an insuperable objection—that it was my inten- in one hundred can read or write—( Hear, hear)—to find per tion to move an amendment upon them—and to take sons to - assist him in framing a new Constitution for Canada? the sense of the House for the purpose of having Would it not bo better to leave him to determine whet was the deliberate decision of Parliament. I took the the best way of conciliating public opinion than to bind him down by instructions on the 20 th of January? I w ill not course—rather an unusual one—of . giving notice o f the nowfurthe_r notice your instructions, Lut I will tell you that I amendments which I- meant to propose, for the express pur mthenanmaennddmthetaitt,s certain s as was of succeeding in pose of disclaiming any advantage from concealment — for the purpose of enabling the Noble Lord to take those condemn carryin g youn-ii wi ) thdraw your amendments, equally coi 1 instructions —(Load corfid e nt cheer:.) I that ern) I measures which are usually taken on important matters, for say you will not defend them—that if, after suppressing . the purpose of s ecuring such an assemblage of Members the revolt in Canada, you wish to con ciliate the feelings as should clothe the decision of this House with the impor- of its inhabitants, you will not maintain ycur instruir tont character of numbers. And, Sir, from the first - I tions. By these instructions Lord Durham would be never entertained the slightest doubt, that I should sue- empowered to call together three from the Legislative ceed.—( Loud cheers from the Opp o s iti o n .) I felt satisfied • Council of Upper Canada and ten of its representatives-- that the amendments I should propose , were fo u n ded upon and their advice may be very judicious with respect to rea son and common sense, and I paid that compliment to Upper Canada; but then, with respect to Lower Canada , h e thl House of Commons, to believe that they could not by will have thirteen from the Upper Province, and three of h i s own selection from the Legislative Council of the Lower, possibility resist the adoption of them.—(Loud cheers.) giving him a majority of sixteen to ten on all pet f tions .i re'ata And when I heard gentlemen on the other side say, that t v n e g in t , o tac t i h t e h l i ro L v o ision r e ne a r d sary for the l, expenses ear w o i ti c: cavil , Go these very words in the preamble constituted in their eyes the chief, if not the sole, recommendation of this Bill— (Opposition cheers)—when I read in the organs of Go- to im p th e e ao la ' n w le s a a t ff , ect v in e e the ten a U — res ( of land an I those relettirlectot Lo; d Durham will on'his arrival be z.lle t e j e e r? , vernment denunciations of my motives and feelings, my of the feelings of the Canadians ; but I say to decide them by confidence in ultimate success was not in the slightest a minority of sixteen from the Upper Province in its present degree diminished.—(Continued cheering.) Nay, when I ' state of exasperation agaiust Lower Car.ads would beano a sheer insult to the latter Province. Now, let me ask any nabe heard the Noble Lord last night say, speaking of my ob jections, that, if they were objections of form, he would mar, which is the most likely to be successful, to leave Lord Durham unshackled in May, ut judge t frorn the state of feel withdrawhis opposition—ifthey were objections of substance ing l which may , exist,ttobentn., and take an his measures accord he should have some difficulty—( Hear, hear)—and when I nyslioirlltbeesay hi If you :al :u. Committee n o n f e A r, d , vice declared that my objections were not objections of form, butconstrained to call it in a ‘ t y art objections of substance—(Cheers) —still my confidence in you e n i ge him in fact, to convene an Assembly, i ‘the in tr a .a . tters re -1 the reasonablenessof this proposition was notin the slightest ' ',erred to Which will principally concern the feelings and pas